The Legal Brief

Jury Verdict in Western District of Missouri May Change How Real Estate Commissions Are Calculated

November 22, 2023

On Tuesday, October 31, a federal jury in Missouri delivered a ruling that may impact the real estate industry throughout the country. In Burnett v. N.A.R., et al., a class of home sellers brought an action against several real estate firms claiming that listings contained artificially inflated broker commissions. Here, the jury deliberated, found for the plaintiff homeowners, and ordered…

Understanding Copyright

August 14, 2023

In the United States, copyright law safeguards original works of authorship that are fixed in a tangible medium, allowing them to be perceived for more than a fleeting moment. This doesn't mean the work must be directly visible; it can be perceived with the help of a machine or device. Here's what can be protected:

• Literary Works: This includes characters within the works.
• Musical Works:…

Copyright Office Provides Guidance on Artificial Intelligence

August 3, 2023

In a recent webinar, the Copyright Office provided crucial guidance on registering works that incorporate AI-generated material, a topic of growing importance as AI becomes increasingly integrated into creative processes.

This guidance builds on the Office's March 2023 statement, which clarified that AI-generated works are not eligible for copyright protection due to the absence of human…

U.S. SUPREME COURT ADDRESSES PENNSYLVANIA’S CONSENT-BY-REGISTRATION STATUTE

July 7, 2023

Last week, the Supreme Court of the United States issued a wave of opinions. Included with those cases is an under-the-radar opinion that should put companies on notice.  In Mallory v. Norfolk Southern Railway Co., No. 21-1168, the Supreme Court held that a Pennsylvania statute subjecting foreign corporations to general personal jurisdiction because they registered their business in Pennsylvania…

Changes Made to Deliberate Intent Law in West Virginia

June 20, 2023

During the 2023 regular session, the West Virginia Legislature passed House Bill 3270 amending the state’s deliberate intent law.  HB 3270 became law without the Governor’s signature and will apply to injuries occurring on or after July 1, 2023. 

HB 3270 made two changes.  First, a requirement was added to § 23-4-2(d)(2)(B)(v)(IV) that when an employee asserts deliberate intent with respect to…

Supreme Court Addresses the Interplay of Trademarks and Parody

June 12, 2023

Recently, the Supreme Court issued a ruling in the case of Jack Daniel’s Properties, Inc. v. VIP Products LLC, which provides significant implications for trademark law and its intersection with the First Amendment. This landmark decision affects clients who have trademark concerns, as it provides guidance on when a trademark claim can be protected by the First Amendment.

The case involved a dog…

Supreme Court To Address First Amendment and Social Media Cases

May 2, 2023

The U.S. Supreme Court will review two cases concerning public officials who removed comments and restricted users from accessing their social media accounts. Both cases will be heard during the upcoming term starting in October 2023. These cases offer an opportunity to establish a clear criterion for determining when a public official's social media activity constitutes state action, which…

U.S. Supreme Court Dismisses Case Relating to In-House Counsel Attorney-Client Privilege for Dual-Purpose Communications

February 3, 2023

Key Take-Away: What is the difference between “a” and “the”? Quite a lot if you are in-house counsel for a company that wants to assert attorney-client privilege for dual-purpose communications made by you as in-house counsel. The Supreme Court of the United States (“SCOTUS”) granted cert in In re Grand Jury and recently heard oral arguments regarding dual-purpose communications, giving hope that…

Selling Your Business? Get Your IP in Shape

January 12, 2023

In transactions involving mergers, acquisitions, and investments, time to complete needed steps for the transaction can feel tight and compressed. Any business owners considering a transaction should consider getting their business in shape. Preparation, even before signing a letter of intent, can increase chances of a deal closing and secure your business’ value. This article focuses on steps…

Michelle Wooton and Brian Jett Article Featured in ALI CLE’s The Practical Real Estate Lawyer

December 16, 2022

Jackson Kelly Members Michelle Wooton and Brian Jett recently had an article published appearing in ALI CLE’s The Practical Real Estate Lawyer, which you can find on their website, www.ali-cle.org, and it is attached here in a PDF.

The article looks at 13 questions on liquidated damage remedies in real estate purchase contracts under the laws in West Virginia.  

NCAA Approves New Guidance for Player Endorsements

October 28, 2022

The NCAA’s Division I Board of Directors approved new guidance on name, image, and likeness activities. The guidelines, approved on October 26, 2022, clarify how and when schools, coaches, and staff may be involved with athletes’ endorsement and sponsorship deals. Technically, the NCAA did not approve new rules. Instead, the NCAA issued guidance intended to clarify the existing NCAA policy.

“The…

Trade Secrets and Patents: Which to Use?

October 24, 2022

Intellectual property (IP) provides some of the largest value to many companies. But protecting that property through patents can prove to be expensive, while failing to protect some crucial IP like customer lists. In lieu of patents, many companies should consider classifying IP as a trade secret, which enjoys protection under U.S. law and can often be obtained at far lower costs.

Patents require…